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Atwater v. City of Lago Vista

Gail Atwater was pulled over for failing to wear a seatbelt and
failing to ensure that her two children were also wearing
seatbelts. According to Texas law, not wearing a seatbelt
constitutes a misdemeanor crime, then punishable by a fine of $50.
After being pulled over, however, Atwater was unable to produce her
driver’s license and proof of insurance, claiming that both had
been stolen days earlier. Atwater was handcuffed and taken to a
police station, where she was placed in a jail cell for an hour
before being released. Atwater and her husband filed a lawsuit,
claiming that her Fourth Amendment rights against unreasonable
searches and seizures was violated. Cato’s brief supports Atwater’s
claim, arguing that the Court should rely on the common law
principles central to the Fourth Amendment, namely recognizing the
prohibition on warrantless arrests for minor offenses not involving
a breach of peace.